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: Negligence, Product Liability, Warranties, and Really Hot Coffee - Homework Es

In: Business and Management

Submitted By moony12
Words 1622
Pages 7
1.The duty, this element requires plaintiff to act like an ordinary careful person.
2.Breach of Duty, which comes after establishing standard of care; hotel was negligence, the hotel should have protected its gusts, and it should have monitored the elevators from any strangers.
3.Causation, this element comes after the establishment of the breach of duty. This element often used to determine the causes of an accident. The “but for” test which determines the defendant action or absence of action, that could have prevented the injury.
4.Proximate Cause, which is the negligence that cause the injury. It must be the main cause of injury, and not another negligence.
5.Damages, which means that Mr. Margreiter must establish the damages that resulted from the hotel negligence.

1. The duty, this element requires the Mr. Margreiter to act like an ordinary careful person. Also the hotel has a duty to protect the gusts from any attack from a third person. However, the hotel was negligence, because it fails to protect Mr. Margreiter from the attack which happens inside the hotel.

2. Breach of Duty, which comes after establishing standard of care, and determining the duty, the hotel was negligence, the hotel should have protected its gusts, and it should have monitored the elevators from any strangers. Moreover, the hotel does not have cameras, and there were only one guard to monitor the whole hotel which is very huge. The back door has no guard. All of these are a breach of the duty.

3. Causation, this element comes after the establishment of the breach of duty. This element often used to determine the causes of an accident. The “but for” test which determines the defendant action or absence of action, that could have prevented the injury. The criminals have used the elevators of the hotel, and they have attacked Mr. Margreiter at his room inside the hotel.…...

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